Is deadly force allowed, if someone breaks into my home?
2007-01-02 12:05:54 · 15 answers · asked by Johnie D 1 in Politics & Government ➔ Law & Ethics
with 19 years of law enforcement listen to this!
each state is differant. but the basic rule is you have a right to defend yourself and anyone in your home to prevent rape, arson,seirious bodly injury and death. you do not have the right to shoot someone if he or she is stealing you new DVD player and is walking out the door with it. remember yo have to be in fear of your life, not pissed off because they are stealing your TV. now that being said if a burgler knows your home he is not there to play monopoly on the living room floor with you. get my drift?
however in the state of texas, anyone breaking into your home at night is fair game regardless of thier intentions. i love texas!
2007-01-02 12:30:18 · answer #1 · answered by pantyhose_creature 2 · 0⤊ 0⤋
If anyone breaks into your home and you defend your family you are doing what any citizen can and should do in those circumstances. You would likely not know if the intruder was a citizen, a legal alien or an illegal alien. Shoot, it could be a Commie Russian for all we know. (There still are some, aren't there?) You need to do two things, though. First, make sure the burglar is actually inside your home. If he's on the front porch drag his dying body inside as his life ebbs away. Second, when you open fire, shoot to kill. That way there is no way he can sue you for violating his civil rights. His surviving relatives might sue you, but you will have removed the only witness that could testify on his behalf. Target practice, anyone?
2016-03-29 05:10:59 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Sadly, many places do not recognize that the victim of a crime has any rights at all. In some places even holding an unarmed intruder while the police are called is as likely to get you put in jail as the intruder. I only have one source of information where you might get some usable data. Check out the site listed. It is specifically aimed at the laws governing concealed weapons but I have seen other questions similar to yours posted as well.
Packing.org
In addition you could contact the local police but if you do your name will be on file as some gun carrying kook who wants to shoot someone. The National Rifle Association (NRA), an organization who claim to protect gun ownership rights may also be a source.
I may sound a little radical and for that I apologize but the justice system is doing DAMN little to help any victim of any crime. When a man can kill two 17 year old kids for their fast food meals and sit on death row for 23 years I don't see that as justice. But you can be sure of one thing. If you do defend your family or your own life you will see a judge. My only question is, do you want the judge to hear two stories or only yours?
2007-01-02 12:28:03 · answer #3 · answered by gimpalomg 7 · 0⤊ 0⤋
It's imperative to check with the law in your individual state.
In general, if someone has broken into your home you are not allowed to use deadly force against them unless they have used deadly force against you. Any reasonable interpretation of the intruder's use of reasonable force often suffices, though, so it's not a terribly hard standard to meet [aka, you can be mistaken about the intruder's threat as long as a reasonable person would also have been mistaken].
2007-01-02 12:27:40 · answer #4 · answered by jdphd 5 · 0⤊ 0⤋
I think it's a tough one. It depends on where you live and what the person does to you. When we were living in California, my husband says I could get away as a female using a deadly force to defend myself anytime. But he said he doubt he could in some case if the other party does not attack you and try to run away. So if you ever do, do not talk to the police, get an attorney first.
2007-01-02 12:13:41 · answer #5 · answered by spot 5 · 0⤊ 0⤋
you may you deadly force at anytime when someone has broken into your house. Actually, they don't even have to make it in. If they are in the process of breaking in, you may use it then. Also, it is not true that you have to match the force the intruder uses. Many believe that if they break into th home and brandish a knife, you may not use anythng more powerful than a knife. This is not true, they don't need to even have a weapon. So, in my case, if they break into my house with a knife, the should have brought a gun.
2007-01-02 12:12:23 · answer #6 · answered by ? 5 · 2⤊ 1⤋
Yes you are allowed to use deadly force to defend your family. The intruder knows what he/she is doing. They know it is wrong. They must accept the consequences of their actions, if that mean severe injury for them, then so be it.
2007-01-02 12:14:45 · answer #7 · answered by Justin F 1 · 2⤊ 1⤋
This is not a simple question. You are allowed to use the force *necessary* to protect yourself and your family. If you catch a guy carrying your silver silverware out of the kitchen and he doesn't exhibit a weapon then *legally* you cannot kill him. However, it is unlikely that a jury would convict you.
2007-01-02 12:15:20 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I live in New Jersey to my understanding if someone brakes into my home and i see him take my tv and no weapon I can only leave the space or let him go and call 911. only when they show a weapon and you beleive they are going to use it can you then pull a gun
2014-10-09 07:31:23 · answer #9 · answered by ? 4 · 0⤊ 0⤋
U have the right to defend your home....and even shoot the intruder.
Yes, force is allowed if provoked.
2007-01-02 12:08:10 · answer #10 · answered by sunflare63 7 · 2⤊ 1⤋